Illinois General Assembly - Bill Status for SB2122
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 Bill Status of SB2122  102nd General Assembly

Short Description:  JUV CT&CRIM PRO-MINORS STATEME

Senate Sponsors
Sen. Robert Peters - Jacqueline Y. Collins - Patricia Van Pelt - Elgie R. Sims, Jr. - Mattie Hunter, Laura Fine, Adriane Johnson, John Connor, Ann Gillespie, Laura M. Murphy and Karina Villa

House Sponsors
(Rep. Justin Slaughter - Jim Durkin - Carol Ammons - Patrick Windhorst, Barbara Hernandez, Maurice A. West, II, Jawaharial Williams, Jonathan Carroll, Martin J. Moylan, Chris Bos, Anthony DeLuca, Jaime M. Andrade, Jr., Joyce Mason, Lamont J. Robinson, Jr., Jennifer Gong-Gershowitz and Lakesia Collins)

Last Action
DateChamber Action
  7/15/2021SenatePublic Act . . . . . . . . . 102-0101

Statutes Amended In Order of Appearance
705 ILCS 405/5-401.6 new
725 ILCS 5/103-2.2 new


Synopsis As Introduced
Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that an oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of the amendatory Act shall be presumed to be inadmissible as evidence in a criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would be a misdemeanor offense under the Sex Offenses Article of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer, juvenile officer, or other public official or employee, knowingly engages in deception.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Reinserts the provisions of the introduced bill, except: (1) limits the presumed inadmissibility to a confession made by the minor during the custodial interrogation (rather than statements) in which the law enforcement officer or juvenile officer (rather than a law enforcement officer, juvenile officer, or other public official or employee) knowingly engaged in deception; (2) provides that the presumption of inadmissibility of the confession may be overcome by a preponderance of the evidence (rather than clear and convincing evidence); and (3) in the definition of "deception" changes false statements regarding leniency to unauthorized statements regarding leniency.

Senate Floor Amendment No. 2
Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Reinserts the provisions of the introduced bill, except: (1) limits the presumed inadmissibility to a confession made by the minor during the custodial interrogation (rather than statements) in which the law enforcement officer or juvenile officer (rather than a law enforcement officer, juvenile officer, or other public official or employee) knowingly engaged in deception; (2) provides that the presumption of inadmissibility of the confession may be overcome by a preponderance of the evidence (rather than clear and convincing evidence); and (3) in the definition of "deception" changes false statements regarding leniency to unauthorized statements regarding leniency.

House Floor Amendment No. 1
Further amends the Juvenile Court Act of 1987. In a provision concerning the prohibition of deceptive tactics, provides that the presumption of inadmissibility of a confession of a minor, who at the time of the commission of the offense was under 18 years of age (rather than by a suspect), at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. Further amends the Code of Criminal Procedure of 1963 to make a conforming change.

Actions 
DateChamber Action
  2/26/2021SenateFiled with Secretary by Sen. Robert Peters
  2/26/2021SenateFirst Reading
  2/26/2021SenateReferred to Assignments
  3/26/2021SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/6/2021SenateAdded as Co-Sponsor Sen. Laura Fine
  4/7/2021SenateAssigned to Criminal Law
  4/7/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Robert Peters
  4/7/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/13/2021SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  4/13/2021SenateAdded as Chief Co-Sponsor Sen. Patricia Van Pelt
  4/13/2021SenateSenate Committee Amendment No. 1 Adopted
  4/14/2021SenateDo Pass as Amended Criminal Law; 007-003-000
  4/14/2021SenatePlaced on Calendar Order of 2nd Reading April 15, 2021
  4/14/2021SenateAdded as Chief Co-Sponsor Sen. Elgie R. Sims, Jr.
  4/20/2021SenateSecond Reading
  4/20/2021SenatePlaced on Calendar Order of 3rd Reading April 21, 2021
  4/21/2021SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Robert Peters
  4/21/2021SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/22/2021SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law
  4/22/2021SenateAdded as Co-Sponsor Sen. Adriane Johnson
  4/23/2021SenateRule 2-10 Third Reading Deadline Established As April 30, 2021
  4/28/2021SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 009-000-000
  4/28/2021SenateAdded as Co-Sponsor Sen. John Connor
  4/29/2021SenateRecalled to Second Reading
  4/29/2021SenateSenate Floor Amendment No. 2 Adopted; Peters
  4/29/2021SenateThird Reading - Passed; 047-001-000
  4/29/2021SenateAdded as Co-Sponsor Sen. Ann Gillespie
  4/29/2021SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  4/30/2021HouseArrived in House
  4/30/2021HouseChief House Sponsor Rep. Justin Slaughter
  4/30/2021SenateAdded as Co-Sponsor Sen. Karina Villa
  5/4/2021HouseFirst Reading
  5/4/2021HouseReferred to Rules Committee
  5/5/2021HouseAssigned to Judiciary - Criminal Committee
  5/6/2021HouseAdded Alternate Co-Sponsor Rep. Barbara Hernandez
  5/6/2021HouseAlternate Co-Sponsor Removed Rep. Barbara Hernandez
  5/10/2021HouseAdded Alternate Co-Sponsor Rep. Maurice A. West, II
  5/12/2021HouseDo Pass / Short Debate Judiciary - Criminal Committee; 012-007-000
  5/13/2021HousePlaced on Calendar 2nd Reading - Short Debate
  5/19/2021HouseAdded Alternate Co-Sponsor Rep. Carol Ammons
  5/19/2021HouseAlternate Co-Sponsor Removed Rep. Carol Ammons
  5/20/2021HouseSecond Reading - Short Debate
  5/20/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/21/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Justin Slaughter
  5/21/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/24/2021HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  5/25/2021HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 017-000-000
  5/27/2021HouseAdded Alternate Chief Co-Sponsor Rep. Jim Durkin
  5/27/2021HouseAdded Alternate Chief Co-Sponsor Rep. Carol Ammons
  5/27/2021HouseAdded Alternate Chief Co-Sponsor Rep. Patrick Windhorst
  5/27/2021HouseAdded Alternate Co-Sponsor Rep. Barbara Hernandez
  5/27/2021HouseAdded Alternate Co-Sponsor Rep. Jawaharial Williams
  5/28/2021HouseFinal Action Deadline Extended-9(b) May 31, 2021
  5/29/2021HouseRecalled to Second Reading - Short Debate
  5/29/2021HouseHouse Floor Amendment No. 1 Adopted
  5/29/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/29/2021HouseThird Reading - Short Debate - Passed 114-000-000
  5/29/2021HouseAdded Alternate Co-Sponsor Rep. Jonathan Carroll
  5/29/2021HouseAdded Alternate Co-Sponsor Rep. Martin J. Moylan
  5/29/2021HouseAdded Alternate Co-Sponsor Rep. Chris Bos
  5/29/2021HouseAdded Alternate Co-Sponsor Rep. Anthony DeLuca
  5/29/2021HouseAdded Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr.
  5/29/2021HouseAdded Alternate Co-Sponsor Rep. Joyce Mason
  5/29/2021HouseAdded Alternate Co-Sponsor Rep. Lamont J. Robinson, Jr.
  5/29/2021HouseAdded Alternate Co-Sponsor Rep. Jennifer Gong-Gershowitz
  5/29/2021HouseAdded Alternate Co-Sponsor Rep. Lakesia Collins
  5/29/2021SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/29/2021SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 30, 2021
  5/29/2021SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Robert Peters
  5/29/2021SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2021SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  5/30/2021SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 007-000-000
  5/30/2021SenateHouse Floor Amendment No. 1 Senate Concurs 056-000-000
  5/30/2021SenateSenate Concurs
  5/30/2021SenatePassed Both Houses
  5/30/2021SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  6/28/2021SenateSent to the Governor
  7/15/2021SenateGovernor Approved
  7/15/2021SenateEffective Date January 1, 2022
  7/15/2021SenatePublic Act . . . . . . . . . 102-0101

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